[HISTORY: Adopted by the Board of Trustees of the Village of Islandia
during codification; see Ch. 1, General Provisions, Art. II. Amendments noted
where applicable.]
It is hereby declared and found that litter carelessly deposited in
the Village of Islandia is the cause of civic disgrace; that litter is a health,
fire and safety hazard; that an all-out litter-control campaign can result
in substantial savings to taxpayers of the Village of Islandia; and that litter
is a matter affecting the public interest and consequently should be subject
to supervision and administrative control for the purpose of safeguarding
the public health, safety and general welfare of the people of the Village
of Islandia.
A.Â
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL PROPERTY
LITTER
PERSON
PRIVATE PROPERTY
PUBLIC PROPERTY
RESIDENTIAL PROPERTY
As used in this chapter, the following terms shall have
the meanings indicated:
A litter storage and collection container which is durable, rust-resistant
and capable of being tightly sealed. Receptacles used for the storage of garbage
shall, in addition thereto, be nonabsorbent, watertight, easily washable and
equipped with handles and shall not exceed 30 gallons in capacity. Biodegradable
bags shall be deemed authorized private receptacles for the storage and collection
of grass cuttings and leaves.
Any store, office building or group thereof; any professional, institutional,
mercantile or industrial premises, and all yard and parking areas thereof;
any vacant or unimproved commercial, business, or industrial property.
All waste material, including rubbish, which tends to create a danger
to public health, safety and welfare or creates unsightliness.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any house, building or other structure designed or used, either wholly
or in part, for private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, including any yard, grounds, walk,
driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such
dwelling, house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
Any house, building or other structure designed or used, either wholly
or in part, for a single-family or multiple-family dwelling, whether inhabited
or temporarily or continuously uninhabited or vacant, including any yard,
grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or other structure, including any vacant
or unimproved residential property.
B.Â
When not inconsistent with the context, words used in
the present tense include the future; words used in the plural number include
the singular number; and words used in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
No person shall dispose of litter in or upon public, private or commercial
property within the village except in public receptacles, in authorized private
receptacles for collection or in official disposal areas. Persons placing
litter in public receptacles or in authorized private receptacles shall do
so in such a manner as to prevent it from being carried or deposited upon
any street, sidewalk or other public, private or commercial property.
Any person owning, occupying or in control of residential or commercial
property shall maintain such property, including the sidewalk and street in
front thereof, free of litter.
A.Â
Authority to remove. In the event that the owner, occupant
or person in control of such land shall fail to remove litter in the village,
the village shall have the authority, as provided for herein, to enter onto
such land and clean the same and charge the cost of expense of such action
against the owner and establish a lien in the manner herein provided.
B.Â
Village Board action. Any owner of real property in the
village shall be required to remove the litter which exists upon his land
when directed to do so by resolution of the Village Board.
C.Â
Notice to be served. Whenever the Village Board shall
adopt a resolution requiring the owners of land to remove litter which exists
thereon, the Village Board shall specify the time within which such work shall
be completed. Such notice shall set forth, with reasonable certainty, the
location at which the condition exists and the manner in which the removal
work shall be performed. The owners shall be given at least 10 days from the
date of the mailing of the notice during which the work shall be performed,
and, in any event, such notice shall grant a reasonable time giving due consideration
to the amount of accumulation of rubbish or debris and the location thereof.
Notice of the adoption of a resolution requiring the removal work shall be
served upon the owners of the property at which the condition exists by certified
mail, addressed to the last known address of said owner.
D.Â
Failure to comply. Whenever a notice or notices referred to in Subsection C above have been served and the owner shall neglect or fail to comply with such notice within the time provided therein, the Village Board shall authorize the work to be done and shall provide for the cost thereof to be paid from general village funds as directed by resolution.
E.Â
Manner of assessment of cost upon real property. In any
case where it shall be necessary for the Village Board to have the work performed
due to the failure of the owner to comply with the Village Board's resolution,
the village shall be reimbursed for the cost of the work performed or the
service rendered at its direction, by assessment or levy upon the lots or
parcels of land where such work was performed or such services rendered. All
costs actually incurred by the village upon each lot or parcel and the charge
therefor shall be assessed and collected in the same manner and in the same
time as other ad valorem village charges.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate and distinct
offense hereunder.